[HISTORY: Adopted by the Town Board of the
Town of Aurora 12-9-1996. Amendments noted where applicable.]
A.
It shall be unlawful for any person to distribute
advertising material within the Town of Aurora (the "Town"), outside
of the boundaries of the Village of East Aurora, without previously
having obtained a permit to do so from the Town of Aurora.
B.
The Town Clerk or any Deputy Town Clerk of the Town
of Aurora may grant to any person, upon written application, on a
form to be prepared by the Clerk, a permit to distribute advertising
material on a designated day or days. Such application shall show
the name and address of the applicant and must be accompanied by a
copy of the material to be distributed.
C.
No person when distributing advertising material shall
ring any doorbell or sound any alarm, and no distribution shall be
made between the hours of 6:00 p.m. and 9:00 a.m.
D.
Distribution of advertising material must be made
on the date(s) set forth in the permit, except that the Town Clerk
or Deputy Town Clerk, for a good cause, may extend the time of distribution
of such advertising material.
E.
This section shall not apply to the delivery of any
newspaper which is published on a regular and recurring basis.
Except as herein provided, all persons who are
now engaged or who shall hereafter engage in purchasing, buying, bartering,
selling, peddling, hawking or vending goods, wares and merchandise
or other property, or soliciting orders or subscriptions for the sale
or purchase thereof, or for work, labor or services to be rendered
to residents of or businesses in the Town by going from house to house
and/or business to business and/or house to business within the limits
of the Town or engaging in any such activities on public property
or from a nonpermanent location within the Town, whether he or she
is the principal or an employee, agent or representative of any other
person, firm or corporation, shall first procure a permit to do so
as described herein from the Town Clerk or any Deputy Town Clerk.
All persons who are now or who shall hereafter
engage in canvassing and/or soliciting for the sale of or subscription
to newspapers, magazines, books, pamphlets or other publications or
materials and soliciting or canvassing for contributions for or subscriptions
to any purpose by going from house to house and/or business to business
and/or house to business within the limits of the Town or who engage
in any such activities on public property or from a nonpermanent location
within the Town, whether such person is the principal or an employee,
agent or representative of any other person, firm or corporation,
shall first procure a permit to do so as described herein from the
Town Clerk or any Deputy Clerk.
Fees for applications and/or permits described
in this chapter, if any, shall be established from time to time by
resolution of the Town Board of the Town of Aurora, except that no
application or permit fees shall be required of a nonprofit organization
or individuals acting on behalf of a nonprofit organization.
All applicants for a permit under the provisions of this chapter shall file with the Town Clerk or a Deputy Town Clerk of the Town of Aurora an application for such a permit, on forms provided by such individuals, which shall set forth, under oath, the applicant's name, age, place of residence and, if an employee, agent or representative of any other person, firm or corporation, the name and place of business of such other person, firm or corporation, together with such other information as the Town Clerk or Deputy Town Clerk of the Town of Aurora may reasonably require. Any applicant who shall be refused such permit by the Town Clerk or any Deputy Town Clerk pursuant to § 47-7 hereof may thereafter apply to the Town Board for such a permit, after which the Town Board, at its next regular or special meeting, may affirm or reverse the decision of the Town Clerk or Deputy Town Clerk, taking into account the items previously considered by the Town Clerk or Deputy Town Clerk in denying such an application.
All permits required by this chapter shall be
issued by the Town Clerk or any Deputy Town Clerk of the Town of Aurora,
who shall keep a record thereof and of the amount of the fee, if any,
to be paid therefor, and who shall sign such a permit on behalf of
the Town. Except as hereafter provided, no permit shall take effect
until signed by the Town Clerk or any Deputy Town Clerk or be in effect
for a term which exceeds six months. The permit must be shown to anyone
on demand, and no person holding such permit shall be permitted to
engage in any activity, work or occupation thereunder and no such
activity, work or occupation shall be engaged in within the Town of
Aurora before 9:00 a.m. or after 6:00 p.m. on any day covered by the
permit.
If, following a records check by the Aurora
Town Police, the police advise the Town Clerk or Deputy Town Clerk
that the applicant has a history of previously distributing advertising
materials and/or soliciting business or selling or purchasing goods,
wares, merchandise or other property in a manner which is inconsistent
with federal, state or local laws or regulations or has engaged in
activities or committed crimes or violations which might reasonably
be expected to make such an applicant engaging in the activities regulated
by this chapter a safety or convenience risk to residents and/or businesses
of the Town, the Town Clerk or Deputy Town Clerk may, in his or her
discretion, deny such an application. Additionally, the Town Clerk
or Deputy Town Clerk may, in his or her discretion, repeal a permit
issued pursuant to this chapter should the permit holder engage in
conduct which appears, in the opinion of the Town Clerk or Deputy
Town Clerk, to constitute a safety or convenience risk to residents
and/or businesses of the Town by sending written notice of his or
her intention to do so to the applicant at the mailing address listed
on the applicant's permit application form or by causing a copy of
such a notice to be personally delivered to the applicant. In either
case, such permit will be deemed repealed upon mailing or delivery
of such notice.
No permit issued under the provisions of this
chapter shall include more than one person, nor shall more than one
permit of any one kind be simultaneously issued or outstanding to
any person, and no permit hereunder shall be transferable; except
that, if the holder of any permit is engaged in work as an employee
or as an agent or representative of some other person, firm or corporation,
then and in that event said permit may be surrendered and a new permit
issued to some other employee, agent or representative of said person,
firm or corporation for the term thereof without the payment of any
permit (as distinguished from application) fee. Any person assigning
or transferring or attempting to assign or transfer any permits issued
hereunder, except as herein provided, shall be guilty of violating
this chapter.
No permit fee shall be required from any person
or entity to whom a permit has been issued pursuant to § 32
of the New York General Business Law to hawk, peddle, vend and sell
his own goods, wares and merchandise or to solicit or trade upon the
streets or highways within the state, and no permit fee shall be required
in any case whereby, by so doing, it would unlawfully interfere with
interstate commerce.
[Amended 3-28-2016 by L.L. No. 1-2016]
Any person or persons, association or corporation committing
an offense against this chapter or any section or provision thereof
is guilty of a violation punishable by a fine not exceeding $250 or
imprisonment for a period not exceeding 15 days for each such offense,
or by both such fine and imprisonment.
This chapter shall be effective on and as of
the first day of January 1997.
